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Are All Drugs Equal in the Eyes of Minnesota Law?

It’s important to know the law, but it’s hard to know what “the law” is precisely when it changes depending on so many circumstances; however, you should at least be able to identify if charges are different depending on the kind of drug. For this reason, Caplan & Tamburino is here to help you determine if all drugs are equal in the eyes of Minnesota law.

Are All Minnesota Drugs Equal in the Eyes of the Law?

In short, the answer is a resounding no! Minnesota, like all states, punishes drug use differently depending on their potency, addictive tendencies, potential health risks, and increased use by the public. Currently, penalties for heroin and opioid possession are much harsher than they used to be because Minnesota authorities witnessed a surge in heroin and opioid-related deaths last year. While acknowledging the opioid crisis, a focus of the prosecutor is to keep the public as safe as possible which includes getting drugs and drug dealers off the streets. An additional consideration is that if drug use results in an overdose, Minnesota prosecutors can charge the dealer with third-degree murder as being the proximate cause of the death of the drug-user.

It’s important to note that amount matters! If you are found in possession of 6 grams of heroin, you could be facing a more serious charge than if you were found possessing 10 grams of cocaine or methamphetamine.

Now that we’ve established that Minnesota views drugs differently, you may wonder to what extent. To answer this question, let’s compare drug charges for marijuana wax and marijuana leaf possession.

Marijuana Wax vs. Marijuana Leaves

How different are drugs in the eyes of Minnesota law? A perfect case study is the difference in charges between marijuana wax and marijuana leaves. Possession of any amount of marijuana wax is always charged as a felony, but possession of marijuana in leaf form can be charged as a misdemeanor (depending on the amount found on the person.)

While there are many arguments as to why possession of marijuana wax is a more serious offense than the possession of marijuana leaves, the reason for the felony charge comes from the statutory definition. Marijuana wax is considered a mixture containing a controlled substance which allows prosecutors to charge as a felony.

Not All Criminal Representation Is the Same

To summarize, Minnesota law views drugs differently depending on their potency and addictive tendencies; therefore, it’s important to know the risks of handling a specific drug.

Just like Minnesota’s view of drugs, not all criminal defense representation is the same. Caplan & Tamburino has historically helped thousands of clients through decades of award-winning representation. If you need a firm who will get you results, you want Caplan & Tamburino!


What Our Clients Are Saying

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